Effective Date: September 5th, 2014

Welcome to the website of Mimosa Networks, Inc. (“ Mimosa”, “ we” or “ us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “ Terms of Use”), govern your access to and use of www.mimosa.co, including any content, functionality and services offered on or through www.mimosa.co (the “ Site”), whether as a guest or a registered user.

ATTENTION: Please read these Terms of Use carefully before you start to use the Site.  By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT ACCESS OR USE THIS SITE.

The Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Mimosa and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

If you are accessing this Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.

Mimosa may modify the terms and conditions set forth in these Terms of Use without notice. In some cases, Mimosa will provide notice of such modifications prior to the notifications going into effect. Therefore it is important that you visit the Site from time to time in order to receive such notice. Any modifications are effective when specified by Mimosa and apply to all access to and use of the Site after the effective date specified. Your continued use of the Site following the effective date of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

As a condition of your use of this Site, you will not use the Site or the information contained herein (the “ Site Information”) for any purpose that is unlawful or prohibited by these Terms of Use. Mimosa may, in its sole discretion, terminate the accounts or access rights of users or visitors who violate these Terms of Use.

We reserve the right to withdraw or amend this Site, and any service or Site Information we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

Ownership & Copyright

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and any information collected via Mimosa Cloud Services) are owned by Mimosa, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Mimosa is prohibited except for private, noncommercial use. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been stated.

Trademarks

“Mimosa”, the Mimosa logo and all related names, logos, product and service names, designs and slogans are trademarks of Mimosa. You must not use such marks without the prior written permission of Mimosa. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Please note that any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Mimosa or a third party. No right to use such intellectual property right is granted hereunder.

Submissions and Information Collected

Any information or material you submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by Mimosa for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Site will be used by Mimosa in accordance with its .

All information we collect on this Site is subject to our . By using the Site, you consent to all actions taken by us with respect to your information in compliance with the .

No Warranties; Limitation of Liability; Indemnity

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THIS SITE AND ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIMOSA NOR ANY PERSON ASSOCIATED WITH MIMOSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MIMOSA NOR ANYONE ASSOCIATED WITH MIMOSA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MIMOSA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN NO EVENT WILL MIMOSA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

You agree to release, defend, indemnify and hold Mimosa, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, judgments, awards, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of these Terms of Use or your access to or use of this Site or any Site Information other than as expressly authorized in these Terms of Use.

Linking

This Site may from time to time contain links to third-party web sites, or it may be linked with other web sites, either with or without the consent of Mimosa and these links are provided for your convenience only. These third-party links may include links contained in advertisements, including banner advertisements and sponsored links. In any case, Mimosa is not responsible for the content of any linked or linking web site and does not endorse the companies, institutions, organizations, or products to which it links (or is linked). If you decide to access any of the third-party web sites linked to this Site, or if you link to this Site from some other web site, you do this entirely at your own risk and subject to the terms and conditions of use for such websites.

Export and Trade Controls

The export control laws of the United States and other countries in which Mimosa conducts business prohibit the export and/or re-export of certain technical data and software to certain countries or territories. You will not download or otherwise transmit content from this Site in violation of the applicable countries’ export laws.

Miscellaneous

If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use. Mimosa may assign its rights and duties under these Terms of Use to any party at any time without notice to its users. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of laws principles or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California, and any dispute, legal claim, suit, action or proceeding arising out of these Terms of Use or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and shall be resolved exclusively in the competent courts of Santa Clara County, California, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding and you waive any objection based on improper venue or forum non conveniens. No waiver by Mimosa of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mimosa to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, together with the Privacy Policy, constitute the sole and entire agreement between you and Mimosa with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.